Stone v . Paul Revere Insurance CV-98-659-M 09/10/99 UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE

David M . Stone, Plaintiff

v. Civil N o . 98-659-M

Paul Revere Life Insurance Company, Defendant

O R D E R

Plaintiff’s renewed demand for jury trial is granted as to

his declaratory judgment claim under N.H. Rev. Stat. Ann. Ch.

491:22, since it appears the claim is essentially one of breach

of contract. American Employers’ Insurance C o . v . Liberi,

(1958). The court will reserve judgment until the final

pretrial conference on whether the Consumer Protection Act claim

will be submitted to the jury as it is not at all clear that CPA

claims are triable to a jury. See, e.g., N.H. Automobile Dealers Assn. Inc., et a l . v . General Motors Corporation,

(D.N.H. 1985) (“And in construing RSA 358-A, the New

Hampshire Supreme Court has not hesitated to follow the lead of

Massachusetts courts in their construction of M.G.L. c. 93A.”

(citation omitted)) and Guity v . Commerce Insurance Company, 36

Mass. App. C t . 339,

(1994) (There is no right to

trial by jury on an action under the Consumer Protection Act, M.G.L. c. 3 A . ) . In any event, however, if the CPA claim survives

it will at the very least be submitted to a jury for an advisory

verdict.

SO ORDERED.

Steven J. McAuliffe United States District Judge September 1 0 , 1999 cc: Peter N . Tamposi, Esq. Lisa S . Wade, Esq.

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